An Act 135 conservatorship petition can put more than the condition of a Philadelphia property at issue. It can put an owner's control of that property at risk.
Pennsylvania's Abandoned and Blighted Property Conservatorship Act provides a legal process for addressing properties alleged to be abandoned or blighted. When a petition is filed and the statutory requirements are met, a court-appointed conservator may be authorized to take control of a property and oversee its rehabilitation.
For property owners facing an Act 135 proceeding, however, conservatorship is not necessarily inevitable. Demonstrating the willingness and ability to correct the conditions at issue can become an important part of the response.
Nochumson P.C. recently represented property owners facing an Act 135 petition involving a property in Philadelphia's Powelton Village neighborhood. Rather than allow the dispute to proceed toward the appointment of a conservator, the parties reached a negotiated resolution that preserved the owners' control while establishing a structured plan to remediate the property.
Pennsylvania's Abandoned and Blighted Property Conservatorship Act, commonly referred to as Act 135, provides a mechanism for addressing properties alleged to meet the statutory requirements for conservatorship.
In the Powelton Village matter, a local nonprofit organization sought appointment as conservator. The petitioner alleged that the property had been vacant for an extended period, contained numerous code violations, posed safety concerns, and had become a blighting influence on the surrounding neighborhood.
The requested conservatorship presented serious consequences for the owners.
If appointed, a conservator could have taken control of the property, undertaken repairs, and potentially recovered rehabilitation costs through a future sale or other court-authorized mechanisms.
That meant the owners needed a strategy that addressed both the legal proceeding and the physical conditions underlying the petition.
An Act 135 proceeding does not necessarily have to become a prolonged courtroom fight.
For an owner who is willing and able to address the conditions identified in a petition, a credible remediation strategy may provide another path forward.
In the Powelton Village matter, Nochumson P.C. worked with the property owners to establish a realistic plan for correcting the conditions at issue. The plan demonstrated the owners' willingness and ability to rehabilitate the property and eliminate the conditions forming the basis of the conservatorship action.
That distinction was important. The response did not simply challenge the allegations. It provided a practical framework for addressing the property itself.
Once a remediation strategy was established, Nochumson P.C. engaged in extensive negotiations with counsel for the petitioner.
Those discussions addressed remediation schedules, permit compliance, inspection requirements, and documentation showing completion of the required work.
The goal was to establish a practical and enforceable rehabilitation plan that addressed the concerns raised in the petition while allowing the owners to retain control of their property.
The parties ultimately reached a comprehensive settlement.
Under the agreement, the owners committed to completing specified remediation work, keeping the property free from debris, complying with applicable permitting requirements, and resolving outstanding unsafe violations identified by the City.
In exchange, the petitioner agreed to discontinue the Act 135 action upon satisfaction of the settlement terms rather than pursue appointment as conservator.
The negotiated resolution addressed the immediate threat presented by the conservatorship proceeding while establishing a defined path for bringing the property into compliance.
Most importantly, the property owners retained ownership and control.
Instead of transferring control to a court-appointed conservator, the settlement gave the owners responsibility for completing the agreed-upon rehabilitation work themselves.
For a closer look at the matter, read the Act 135 conservatorship case study to see how Nochumson P.C. negotiated a resolution designed to preserve the owners' control while establishing a structured remediation plan.
An Act 135 petition should be taken seriously. Allegations involving vacancy, unsafe conditions, code violations, or blight can create risks that extend beyond ordinary property maintenance issues.
At the same time, the Powelton Village matter demonstrates why the condition of the property and the owner's response to it can be important parts of the legal strategy.
A property owner who can establish a credible plan for remediation may be in a different position than an owner who leaves the alleged conditions unaddressed. That can require coordinating legal strategy with permits, inspections, repairs, documentation, and realistic completion schedules.
The objective is not simply to respond to litigation. It is to address the underlying conditions in a way that protects the owner's interests and creates a workable path toward compliance.
An Act 135 conservatorship proceeding can have significant consequences for a property owner's rights and control of real estate.
Nochumson P.C. represents Philadelphia property owners in real estate litigation and disputes involving property conditions, code compliance, and conservatorship proceedings.
This article was prepared by a licensed Pennsylvania attorney at Nochumson P.C., a Philadelphia-based law firm with extensive experience in all thing's real estate, litigation, land use and zoning, and business counseling.